VILLAGE OF NORTH AURORA
COMMITTEE OF THE WHOLE MEETING MINUTES
APRIL 2, 2018
ROLL CALL
In attendance: Mayor Dale Berman, Trustee Mark Gaffino, Trustee Mike Lowery, Trustee Laura Curtis, Trustee Mark Carroll, Trustee Tao Martinez, Trustee Mark Guethle, Village Clerk Lori Murray.
Staff in attendance: Village Administrator Steve Bosco, Finance Director Bill Hannah, Community & Economic Development Director Mike Toth, Public Works Director John Laskowski, Village Attorney Kevin Drendel, Police Chief Dave Fisher.
AUDIENCE COMMENTS – None
TRUSTEE COMMENTS – None
DISCUSSION
1. Local Adjudication
Chief Fisher informed the Board that Staff would like to start a local adjudication program rather than prosecute Village ordinance violations and certain traffic offences through the court system. Currently, all traffic tickets and some ordinance violations where subjects request a hearing, are being prosecuted through the Village attorney or the Kane County State’s Attorneys Office in circuit branch court. On a typical prepaid $120 fine for a speeding ticket, the Village will receive as low as $15 after the money is divided amongst other entities. Each time a case is prosecuted in the courts, fines are divided up amongst several parties. There can be up to 18 different categories the money can go to. If the Village switches to an administrative hearing process to adjudicate or settle violations of village ordinance, they would be held locally by a hearing officer. By doing this, the Village would receive a larger percentage of the fine amount on each violation. Resolutions to violations would also be expedited. The types of cases the hearing officer would hear would be for non-moving violations: parking tickets, animal violations, and administrative tows and impound. Currently, officers have to go to court every time a ticket is contested. This results in overtime and or taking them off the street if they are working. With Administrative hearings, cases are heard on a specific date and officers do not have to appear.
Staff has received quotes from three vendors for software which would allow users to issue tickets, run reports, complete the administrative tow paperwork, track tickets and hearing appearances, collect fines and send nonpaid violations to collections. Of the three companies (DACRA, Quicket and MSI), staff is leaning toward DACRA. They operate everything that the Village would need and it is a very simple program. This would allow for convenient hearing times for anyone who would have to show up, as well as, fewer written warnings. It would also relieve overcrowding in the courts and the money stays in the community and saves officer time and money.
Sergeant Dan Cyko said that violators are issued a ticket and required to go to court. With a speeding ticket, it is a non-court appearance. If the ticket is contested, another date would be set. A lot of these cases can go as long as a year or year-and-a-half. With the new system, this would not happen. The tickets that would be written would be for compliance. Trustee Carroll asked how much money the Village would keep if a ticket is written for an ordinance violation. Fisher said that if a $50 ticket is written, the Village would receive $48. If it went to a hearing, the Village would get $46. Carroll asked if DUIs are written on the state or local ordinance. Fisher said the State.
Bosco said that the Staff is looking for direction to see if the Board would like the Village to do local adjudication for local ordinance violations. A software system would then need to be put in place.
Trustee Gaffino asked if code enforcement adjudication with the traffic adjudication could be combined. Fisher said that it would be a possibility. Bosco said the Village would need to take a look at that before making any changes.
Trustee Carroll said if the ticket on the administrative hearing is contested, who prosecutes on behalf of the village? Fisher said the hearing officer. Carroll said there is no added cost. Fisher said that is correct.
The Board was in favor of the local adjudication.
2. Local D.U.I. Prosecution
Staff would like to prosecute DUIs arrests through local rather than through the States Attorney’s office. Currently, several officers can be subpoenaed with several reschedules. This can cause overtime and disruption to an officer’s schedule. If the Village were to switch to a private attorney, the attorney would be able to schedule around an officer’s schedule and fine amounts would almost entirely come to the Village and does not get divided up as it does when it goes to the state. Minimum DUI is $750 with a maximum of $2500. The Village sees very little revenue from DUI tickets.
Chief Fisher said he is seeking to get approval to go with a local prosecutor for future DUI prosecutions. If approved, an attorney will be presented to the board to act as a local prosecutor. Fisher noted that the City of Geneva has been doing this for 4-5 years now and has nothing but good things to say about it.
The Board was in favor of local DUI prosecution.
3. Draft Budget
Finance Director Bill Hannah reviewed the Draft Budget before the Village Board.
The draft budget is available in its entirety on the Village website at
http://northaurora.org/departments/finance/financial-reports-and-budgets.aspx
The draft budget was finalized last week.
Follow up discussion and questions scheduled for April 16th.
The official budget public hearing is scheduled for May 7th
Scheduled Approval of the final budget scheduled for May 21st.
ADJOURNMENT
Motion to adjourn made by Trustee Guethle and seconded by Trustee Carroll. All in favor. Motion approved.
Respectfully Submitted,
Lori J. Murray
Village Clerk
